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(영문) 대전지방법원 2016.11.23 2015구합106096
사업계획승인 취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are neighboring residents of K, L, M, N, andO (hereinafter “instant factory site”) of the J of the J of the J of the J of the J (hereinafter “J”).

B. On April 3, 2015, G (hereinafter “G”), H (hereinafter “H”), and I (hereinafter “Nonindicteds”) filed an application for approval of each of the following business start-up plans with the Defendant on April 3, 2015.

7,524 square meters of the site of Nilwon, 8,461 square meters of the building area of H K K K-won site of 679.00 square meters, 2,632.5 square meters of the building area of 2,632.5 square meters of the business site of the applicant for the type of business, 8,129 square meters of the building area of 1,946.2 square meters of the building area of G tree products

C. On April 20, 2015, the Nonparty filed an application for each building permit with the Defendant for the purpose of constructing a manufacturing pellets in the respective factory location.

C. On July 7, 2015, the Defendant rendered a disposition rejecting the application for approval of each business start-up project plan against the Nonparty on the ground that “the business site for which the Nonparty applied for approval of the business start-up project plan was the site for the P rural community comprehensive development project and is an area adjacent to the existing group settlement.”

On July 7, 2015, the Nonparty filed an administrative appeal seeking revocation of the return of each of the above business start-up business plans with the Chungcheongnam-do Administrative Appeals Commission. On August 17, 2015, the Chungcheongnam-do Administrative Appeals Commission rendered a ruling accepting the Nonparty’s claim on the ground that “the grounds for the disposition and the grounds for the disposition are inappropriate and violate the principle of equity.”

E. The Defendant revoked the disposition of return of the application for approval of the business start-up business plan on September 1, 2015 following the said decision of the administrative appeal, and rendered each of the following dispositions to the Nonparty on September 4, 2015:

(hereinafter “this case’s business plan approval disposition”). G tree product manufacturing business (friendly pelpellets) with a scale of land incorporated into the applicant’s business, 6,888 square meters and 6,524 square meters and 7,524 square meters and 6,588 square meters and 6,88 square meters and 6,88 square meters and 08 square meters of land incorporated into the applicant’s business.

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